Convicting the Innocent
DNA Exonerations Database

James Bain

First Name James
Last NameBain
Year of Conviction1974
Year of Exoneration2009
State of ConvictionFlorida
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Life / LWOP sentenceLife
Gender of ExonereeMale
Race of exonereeBlack
Type of Innocence Defense
  • Alibi
Description / Quotes from Testimony Concerning Defense

● Defendant’s sister testified in support of alibi.

Quotes from Exoneree Testimony

Missing portion of transcript

Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Serology
Types of Flawed Forensics
  • Invalid
Reason why invalid(2) Failure to exclude
Brief Quote / Description of Testimony

The analyst testified that despite the lack of A blood group substances in the three separate stains tested, that he could not exclude the defendant, who was an AB secretor, hypothesizing that perhaps the defendant was only a “weak” A secretor, although blood tests of the defendant did not reveal him as such a “weak” A secretor.

Identity of eyewitness
  • Cross Racial Identification
  • Victim
Lineup Procedures
  • Photo array
Suggestive Procedures

Yes (acquaintance) ● Suggestive remarks – victim later said in a deposition that he had been asked to “pick out Jimmie Bain.” ● Suggestive line-up – others in array did not have the very bushy eyebrows that victim described

Quotes from testimony #1

“Q. Did the police department show you a bunch of pictures? A. Yes, sir. … Q. How did they show them to you? . . . A. Yeah. I looked – he asked me can I pick out Jimmie Bains. Q. Can you pick out who? A. Jimmie Bain. And I picked him out. Q. All right. Now the man that you picked out – he said can you pick out Jimmie Bains and you picked him out. A. Yes, sir.”

Unreliable Identification?

No ●Discrepancy – facial hair

Quotes from testimony #2

“He got a moustache, a beard, and the moustache – because he got thick sideburns” “Q. Could you be mistaken, now? A. Yes, sir.”

Highest level reachedState Post­ Conviction
Claims Raised During All Appeals and Postconviction
  • Motion for DNA Testing
Citations to judicial opinions

Bain v. State, 320 So.2d 57 (Fla. App. 2 Dist. 1975)
Bain v. State, 793 So.2d 940 (Fla. App. 2 Dist. 2001)
Bain v. State, 963 So.2d 913 (Fla. App. 2 Dist. 2007)